Central Administrative Tribunal - Delhi
Shri Ops Malik vs Union Of India on 29 May, 2012
Central Administrative Tribunal Principal Bench OA No.1722/2012 New Delhi this the 29th day of May, 2012 Honble Mr. Justice S.C. Sharma, Acting Chairman, Honble Dr. Ramesh Chandra Panda, Member (A) Shri OPS Malik, S/o late Shri BBS Malik, R/o D-I/37, Rabindra Nagar, New Delhi-110003 -Applicant (By Advocate: Shri P.K. Arya)
-V E R S U S-
Union of India, Through the Secretary, Ministry of Home Affairs, North Block, New Delhi -Respondent (By Advocate: Shri R.N. Singh) O R DE R (Oral) Justice S.C. Sharma: Instant Original Application has been filed for the following reliefs:-
i. Direct the Respondent to grant the Applicant the Apex Pay Scale of Rs.80,000 w.e.f. 19.5.11, with all other consequential benefits.
ii. Pass any other order that is deemed fit and proper in view of the facts and circumstances of this case.
2. We have heard Shri P.K. Arya, advocate for applicant, and Shri R.N. Singh, advocate for respondents. Although we have stated the contentions of Mr. RN Singh, advocate for respondents, in separate ordersheet, but even then we reiterate what has been stated by Mr. R.N Singh He requested for time to file the counter reply and he also stated that the applicants case is not a covered matter with the case of Mr. R.N. Ravi. He stated that Mr. R.N. Ravi was holding the post equal to DGP; whereas the applicant is holding the post of ADGP, and hence the applicant is not similarly situated person besides other reasons. But we have decided that Mr. RN Ravi was an IPS office of 1976 Batch. The respondents advocate argued that non grant of time to file the counter reply, at this stage, will be violation of principles of natural justice. But if it is a covered matter on the face of record, then keeping the matter pending will be a futile exercise. If we are convinced at this stage that this is a fully covered matter, then we can decide it and the respondents have got a right to pass an order disputing that the applicant is not entitled for the apex scale. Under these circumstances, apprehension of the respondents advocate is not justified that declining his request for time to file the counter reply is in violation of principles of natural justice. Matter has to be decided, if it is a covered matter in other case. We have to decide whether it is a covered matter.
3. It has been stated by the applicant in the OA that he is an IPS Officer of 1975 Batch who stands empanelled and promoted to the rank of Director General of Police in Central Government on 5.6.2009 and presently working as Director General, Narcotics Control Bureau since 17.12.2008 and he is due to retire on 31.7.2012. That he has put in 30 years service in State of Uttar Pradesh cadre. He held various posts in State of Uttar Pradesh. That an officer getting promotion in his cadre may not find his place in the empanelled list prepared by Union of India. Clause 16 of the guidelines dated 15.1.1999 provides regarding promotion, and it has been provided that The officers placed in the approved panels for promotions are to be considered for appointment to higher grades in the order of the inter-se position in the respective panels. That in the IPS, there are two pay scales of Director General in Above Super Time Sale as under:-
(i) HAG : Rs.75500-80000 (annual increment @ 3%)-Grade Pay: nil;
(ii) Apex Scale: Rs.80000(fixed, Grade Pay: nil. That the ACC, after considering the service records of the applicant, had empanelled him for the post of Director General of Police at the Centre and he has held the post of Director General of Police since 5.6.2009. It was consistent practice of the respondents for years together that on each occasion when junior was appointed to apex scale, all his seniors were given the apex scale with retrospective effect. When Shri J.K. sinha, IPS, took charge as Director General, CRPF on 18.3.2004, seven IPS officers who were senior to him at Centre were granted the apex pay scale of Rs.26,000(fixed) and Shri J.K. Sinha, IPS, is junior to all these officers. And this practice continued again in the case of Shri Raman Srivastava, IPS (Kerala-1973 Batch). Mr. P.K. Mehta, IPS Officer of 1977 Batch i.e. two years junior to the applicant was appointed as Director General of RPF w.e.f. 19.5.2011 and apex scale of Rs.80000 (fixed) was granted to him. The applicant also became entitled to the apex scale of Rs.80000 (fixed) as Shri P.K. Mehta was also granted apex scale who is junior to the applicant. As junior has been granted apex scale, hence the applicant is also entitled to.
4. Reliance has also been placed by learned advocate for applicant on the judgment delivered in the case of OA No. 823/2012 dated 10.5.2012 in the case of R.N. Ravi Vs. Union of India & Anr. Mr. R.N. Ravi was an IPS officer of 1976 batch and Mr. P.K. Mehta, IPS officer of 1977 batch, a Director General of RPF was granted apex scale of Rs.80000 and on that ground, Mr. Ravi filed the OA and the OA was decided. Moreover, one Mr. Ajay Chadha was also getting the apex scale of Rs.80000 since December 2011. It will be material to reproduce the following relevant para 11 of the judgment in the case of R.N. Ravi:-
11. After considering the facts of the case, we are of the opinion that the applicant belonging to 1976 batch of IPS, in the rank of DGP in IB in the HAG+ scale of Rs.75000-80000 w.e.f. 27.04.2010, is entitled to the apex scale of Rs.80000/-. It is admitted and undisputed that Shri P. K. Mehta and Shri Ajay Chadha are junior to the applicant. Both belong to 1977 batch, although Shri P. K. Mehta is holding the post of DG, RPF and Shri Ajay Chadha has been appointed on the post of Special Secretary (Internal Security), and both are getting the apex scale of Rs.80000/-. As in the past, the apex scale of Rs.26000/- (fixed), which is at present equivalent to Rs.80000/- (fixed), was granted to senior officers of IPS, if this apex scale was granted to junior officers, with retrospective effect. Hence, following the principle of next below rule, the applicant is entitled to the apex scale of Rs.80000/- with retrospective effect from the date Shri P. K. Mehta and Shri Ajay Chadha were granted the apex scale of Rs.80000/- w.e.f. 19.05.2011. The applicant is also entitled for the apex scale of Rs.80000/- w.e.f. 19.05.2011. OA deserves to be allowed. OA is allowed and the respondents are directed to grant the apex scale of Rs.80000/- to the applicant w.e.f. 19.05.2011. The order passed by this Tribunal shall be complied with by the respondents within a period of two months from the date of communication of the order. In case the applicant has retired, then he is entitled for this scale and his pension shall also be revised accordingly. There shall be no order as to costs.
5. One more judgment has also been produced by the applicants advocate delivered in the case of OA No. 681/2011 Aloke Bihari Lal Vs. State of Uttarakhand & Ors. by CAT Allahabad Bench and Aloke Bihari Lal was an IPS Officer of 1975 Batch; whereas junior Mr. Jyoti Swaroop Pandey, an IPS Officer of 1976 Batch was granted the apex pay scale of Rs.80000 and on the ground of parity, the apex scale was also granted to Aloke Bihari Lal.
6. Considering all the facts and circumstances of the case, we are of the opinion that the case of the applicant is a covered matter with the cases of Mr. R.N. Ravi and Aloke Bihari Lal as referred to above and the applicant is entitled to the same treatment. The OA deserves to be allowed.
7. OA is allowed. Respondents are directed to grant the apex scale of Rs.80000 to the applicant from the date when same scale was granted to his juniors at the Centre, namely, Mr. P.K. Mehta and Mr. Ajay Chadha. It is specifically provided that the applicant is entitled to apex scale of Rs.80000 with effect from the date when this scale of Rs.80000 was granted to Mr. P.K. Mehta and Mr. Ajay Chadha. Compliance of the order shall be made by the respondents within a period of six weeks from the date of communication of the order. No order as to costs.
(Dr.Ramesh Chandra Panda) (S.C. Sharma) Member (A) Acting Chairman /lg/